3 June 2012: Sayedee IO cross exam day 18

After the tribunal passed its order relating to the witness recall application submitted by the defense, the cross examination of Helal Uddin the investigation officer involved in Sayedee’s case continued with the defence lawyer Mizanul Islam asking the questions (continuing from the previous week)

Defence: On 18 December, 2000- the Daily Janakantha has published a report about the Pir [a muslim saint] of Shorshina- named Abu Jafor Saleh; under the title ‘Shei Razakar’.

Witness: Yes.

Defence: Do you know the name of his father?

Witness: No.

Defence: From which year did the Pir started running his abode?

Witness: I don’t know.

Defence: In 1957-1958 who was the then Pir of Shorshina?

Witness: I don’t know.

Defence: Did you ask who the Pir was in 1957-1958 to Mr. Mohibullah Siddiqi who is the present Pir of Shorshina?

Witness: No.

Defence: How many children did the Pir have?

Witness: I don’t know.

Defence: Who was the Officer in charge of Shorshina Police Station in 1971?

Witness: I didn’t get any information about that.

Defence: Did you send any letter or notice to the ASP of the Barishal Police Station?

Witness: No.

Defence: Do you have any documentary evidence about the transfer of the aforementioned Police Station to the nearby area of the abode of the Pir of Shorshina?

Witness: No.

Defence: On 11 December, 1971 the Pir has surrendered with so many Razakars, do you have any information in support of this?

Witness: No.

Defence: Before sending him to the Jail custody he was confined in his abode.

Witness: I do not possess any information in support of that.

Defence: In the report it has been mentioned that a particular group started moving forward to kill the Pir.

Witness: I didn’t investigate the matter.

Defence: This report has mentioned that a leader has sent him to the Jail Custody.

Witness: I do not know.

Defence: You did not give any information whether any case has been filed against the Pir?

Witness: Yes.

Defence: It has been mentioned in the report that he has been set free by the general amnesty of Bangabandhu Sheikh Mujibur Rahman. Do you know anything about this?

Witness: No.

Defence: Whether the Pir was convicted?

Witness: I don’t know.

Defence: Do you have any documentary proof about the Fatwa given by the Pir?

Witness: I didn’t find it in my investigation. But it is a known fact in the vicinity.

Defence: The report has mentioned the formation of Razakar team at Lalkuti of Dhaka.

Witness: I didn’t investigate anything about that.

Defence: Did you investigate the source and the information of the aforesaid report?

Witness: I have gone through the report but I didn’t review the source.

Defence: The “Shadhinota Juddher Dolil- 8th volume” has been mentioned here as the source.

Witness: Yes.

Defence: You have checked so many websites for finding out information.

Witness: Yes.

Defence: In any website you have found any information about the aforementioned book.

Witness: It is not in my record.

Defence: Did you send any letter to the information ministry to find out whether there has been any publication from the Government initiative about the compilation of the papers, documents and other useful resources of the liberation war.

Witness: I didn’t send a letter. But as far as I know the investigation agency has sent a letter.

Defence: Could you mention the date of issuing the letter.

Witness: Right now I can’t remember.

Defence: Whether there has been any reply from the Information Ministry, did you try to find out the information from the Investigation Agency?

Witness: It is not right now in my record. So, I can’t say anything about it.

Defence: ON 15 May, 1971 at first the Razakar team has been formed.

Witness: Not true. It has been formed within the very first days of May, 1971.

Defence: Various Newspapers has published reports about the formation of Razakar team.

Witness: Yes.

Defence: Look at your collection of the newspapers and tell me- on which date the following report has been published in the newspapers?

Witness: I don’t have the note about this, so can’t say anything.

Defence: Who was the reporter of the highlighted report of Daily Janakantha of 21-12-2000?

Witness: I didn’t tried to find out or make him the witness or interview him.

Justice Nizamul Huq: This question is expunged as it is not relevant to the case of Mr. Syedee. We will now use guillotine to restrict your cross examination. These exhibits do not contain Mr. Sayedee’s name. You do not need to ask question on all other exhibits which which are not relevant to Mr. Sayedee- the accused or about Pirojpur district.

Defence: My Lord, then in that case why has the prosecution submitted such voluminous and irrelevant documents and papers and ywhy ou allowed them to exhibit these documents. I have right to cross examine these documents. I can assure you that I will be very precise in cross examining on the Prosecution documents where there is no information about Mr. Sayedee.

Justice Nizamul Huq: Why they submitted it is their matter and what you have to ask is your matter. But the matter here is that-non relevant questions will no more be heard. We will not consider these documents in our judgment. You should cross examine only those documents that contain Mr. Sayedee’s name or the incidents of this case.

Defence: Then place pass a written order to this effect.

Justice Nizamul Huq: We do not need to pass any written order. We can ensure you that we will not consider these documents in our Judgments.

Okay. I would like to ask a relevant question.

Defence: You didn’t investigate about the reports which don’t contain the name of the accused Mr. Sayedee.

Witness: Yes.

Defence: You have collected a list of Razakars [material exhibit-35] from the website www.warcriminalbd.org. The source of the website has not been mentioned. There is an e-mail address over the exhibit-35. Whose e-mail id is this?

Witness: Dr. MA Hasan.

Defence: Exhibit-35 shows a title—“Ekattorer Juddhaporadh, Manobotabirodhi Oporadh o Gonohotta shongshilshto Oporadhider Talika.”

Witness: Yes.

Defence: This list does not contain the names of the main perpetrators of 1971 liberation war.

Witness: No.

Defence: Did you interrogate Mr. MA Hasan to find the accuracy of the xhibit-35?

Witness: No I didn’t go to iinterview him. But my colleague another investigation officer Monoara Begum has gone on 28-4-2011 to ask him. Afterwards she has given me the information. She has not been made a witness in this case. I have not recorded her statements.

Defence: Whether War Crimes Fact Finding Committee and the Truth Commission for Genocide in Bangladesh are two separate organizations?

Witness: Yes.

Defence: Whether you can mention the name of the Chief and other members of the aforementioned organizations?

Witness: No.

Defence: Can you say- whether anyone from the War Crimes Fact Finding Committee has gone to Pirojpur?

Witness: No.

Defence: From which source the War Crimes Fact Finding Committee has provided the list, did you investigate?

Witness: No.

Defence: Do you have any idea about the Truth Commission?

Witness: I don’t have any specific idea.

Defence: Who was the first convener of the Truth Commission?

Witness: I don’t know.

Defence: Whether any person of Pirojpur has confessed his offence to the Truth Commission- do you have any information about that?

Witness: No.

Defence: Based on the statements of which people, the Truth Commission has prepared the list of Razakars, do you have any information?

Witness:No.

Defence: Have you checked the aforementioned email address to collect whether it also contain the list of razakar?

Witness: It is not necessary as the website does contain the same list.

Defence: Did you investigate whether the following organizations have prepared any report after their investigation to prepare a list of razakars.

Witness: No.

Defence: Whether Dr. MA Hasan, War Crimes Fact Finding Committee and the Truth Commission for Genocide in Bangladesh hold the domain hosting or the domain admin—did you investigate?

Witness: I have confirmed the website is owned by them, but I don’t know who possess the domain hosting or the domain admin.

Defence: Did you send any letter to anyone to find out the information about the source of the domain hosting or the domain admin?

Witness: No.

Defence: From which country the website is being operated?

Witness: It is not in my knowledge.

The court was adjourned till 2 P.M.

After lunch, the tribunal had s short hearing on the defence's application concerning witness submission. This is set out on on a separate page.

After that the cross examination of the investigation officer continued

Defence: There is list of Razakaar which is submitted by you. At that list there is only name of three razakaar in Noakhali district and name of one razakaar from Brahmanbaria district of Chittagong Division. 

Witness: Yes. 

Mizahul Islam: 3 razakaar from Pabna district. 

Witness: Yes. 

Defence: 13 razakaar from Faridpur. 

Witness: Yes. 

Defence: 1 from Shariatpur district. 

Witness: Yes. 

Defence: Did you collect any information regarding those razakars who were arrested after the liberation war? 

Witness: No, I did not get any information. 

Defence: Did you analyse the then SDO court of register after the Liberation War? 

Witness: No. 

Defence: In which jail custody were prisoners of Pirojpur sent? 

Witness: I did not collect information in this regard. 

Defence: Did you collect information whether any razakaar of Pirojpur was arrested under Collaborators Act? 

Witness: No, I did not collect any information. 

Defence: Did you question freedom fighter Shahjahan Hossain (Bir-bikaram) about whether he arrested any razakaar of the Pirojpur or not? 

Witness: No, I did not ask him. 

Defence: Did you question Sub-sector Commander Mejor Jiauddin? 

Witness: Yes, I have questiond him. 

Defence: Did you question Second-in command Sahmsul alam talukder of Sub-sector Commander Mejor Jiauddin? 

Witness: No, I did not. 

Defence: Did you collect information from the Register of the district court of Barishal who are prosecuted under the Collaboratos Act? 

Witness: No, I did not. 

Defence: When you were assigned to investigate this case, you sent a letter to the district administrator of Pirojpur for collecting all information of Pirojpur during liberation war. 

Witness: Yes. 

Defence: After that they have sent you all information of Pirojpur except one thana. 

Witness: Yes. 

Defence:  There was a report of commander in freedom fighter of Zianagar Upazilla. 

Witness: Yes. 

Defence: Theere was list of Razakkar in Pirojpur district at that report. 

Witness: Yes. 

Defence: How many persons are mentioned at that report? 

Witness: 67 persons. 

Defence: On exhibit 156, you have shown that Witnesses in this case are threatened. My question is when you get information in this regard? 

Witness: I was informed by witness Manik Poshari in 18. 08.10. 

Defence: Did you take any initiative when you were being informed. Did you go to the Police station? 

Witness: I advised them (Witness) to be careful and said to the officer-in-charge of the police station to take care of them and take adequate measures if any GD was filed by the 

Witness. 

Defence: That means Officer-in-charge of the police station was not able to give you information at that moment whether any GD was filed or not? 

Witness: No, he did not but he assured me that he would inform me after seeing their file. 

Defence: That means O.C has informed you later. 

Witness: Yes. 

Defence: When? 

Witness: On 19.08.10, he informed me about two G.D and said investigation was going on. 

Defence: Could you tell me the GD number? 

Witness: One GD no 673 dated on: 5.05.10 and another is GD no 1367 dated on: 29.05.2010. 

Defence: Did you inform any other persons regarding these GD? 

Witness: Yes, I have informed it to the Inspector General Abdul Hannan. 

Defence: Did you inform him on any other GD? 

Witness: Yes, I have informed him about 5 other GD. 

Defence: GD no.337 dated on: 14.01.2011, Zianagar, Indurkani thana is the last GD? 

Witness:  Yes. 

Defence: Who filed this GD? 

Witness: Mustafa Khalifa village Huglabunia. 

Defence: Against whom? 

Witness: Against Md. Zahid, Fathers name: Abdul Latif  Mullah, Village: Umedpur. 

Defence: Then on 23.02.11, Mustafa Khalifa withdraw his GD and solved this matter among themselves. 

Witness: Yes, by a local meeting the problem was solved among them and then investigation was stopped. 

Defence: There is no Witness in this case whose name is Mustafa Khalifa. 

Witness: Yes, he is not a Witness of the case but I have questioned him. 

Then the court is adjourned.